can a person petition the court themselves?

[maryQ]

What is the name of your state? IL - can a parent of an abused beneficiary who has a trustee that won't distribute, and that parent hasn't the money for a lawyer, can they just petition the court themselves to get before a judge to have the judge evaluate the situation?

 

[adjusterjack]

Sure. If the beneficiary is a minor the parent can file on behalf of the minor if the parent can figure out how. If the parent can't figure out how, then the parent needs a lawyer. If the parent can't figure out how and can't afford a lawyer, nothing changes.

If the beneficiary is over 18, then the beneficiary has to act for himself and the parent won't be allowed to.

 

[LdiJ]

Sure. If the beneficiary is a minor the parent can file on behalf of the minor if the parent can figure out how. If the parent can't figure out how, then the parent needs a lawyer. If the parent can't figure out how and can't afford a lawyer, nothing changes.

If the beneficiary is over 18, then the beneficiary has to act for himself and the parent won't be allowed to.

Unless of course the beneficiary is a special needs adult who has a guardian. If that guardian is the parent then again, the parent can act.

 

[Dandy Don]

What do you mean when you say the beneficiary is abused?

What type of trust is this--is it a special needs trust?

What is the reason that the trustee says he won't distribute?

Is the beneficiary giving a reason to the trustee as to why the beneficiary wants the payment or does the beneficiary explain how the money is going to be used?

Has this beneficiary received payments from the trust in the past from this trustee?

 

[quincy]

What do you mean when you say the beneficiary is abused?

What type of trust is this--is it a special needs trust?

What is the reason that the trustee says he won't distribute?

Is the beneficiary giving a reason to the trustee as to why the beneficiary wants the payment or does the beneficiary explain how the money is going to be used?

Has this beneficiary received payments from the trust in the past from this trustee?

You can read maryQ’s other thread:
https://forum.freeadvice.com/threads/what-are-some-examples-of-gross-negligence-willful-misconduct-il.657575/

 

[LdiJ]

Another thing that can be done is for the petition before the judge to include a provision that the attorney must be paid by the trust. If the judge finds that the trustee (or the "advisor" that was talked about in the other thread) is being unreasonable, it possible that the judge will order that the trust pay the attorney fees.

 

[quincy]

One of maryQ’s threads should be locked to future postings. Dandy Don took his questions and replied to first thread. I reported this thread for moderator review.

 

[Just Blue]

One of maryQ’s threads should be locked to future postings. Dandy Don took his questions and replied to first thread. I reported this thread for moderator review.

I have asked Mary to keep all question regarding this matter to her 1st thread...and yet she started this one.